Ancestral property divided between father and son - A schedule property allotted to father for life time vested remainder to grand children - B schedule property allotted to son - son died intestate - sons of grand children claim only B schedule property - Because A schedule property allotted through partition deed is a separate Property - father can sold sons share to discharge joint family lian

Citation

AIROnline 2023 MAD 1001

2023(3) CTC 769

2023(3) MWN (civil) 214

Madras High Court

S. S. SUNDAR , J.

S.A.No. 623 of 2017 D/- 5 - 6 - 2023

V.Vandhana and Anr. v. Vijayasekaran and Ors.

(A) Hindu Law - Partition - Joint family property - Question whether alienation of suit property by defendants will be binding on plaintiffs or not - Defendants sold suit property only to discharge family debt which was incurred in connection with family business - Held, alienation

of suit property was for legal and family necessity - Alienation by defendants will be binding on plaintiffs - Plaintiffs not entitled to any share in suit property, since the sale itself is for discharge of family debt. (Paras 34 , 35 , 38 , 39) 

(B) Hindu Law - Partition - Joint family property - Defendant had no other business or avocation except family business - No independent source of income is pleaded or proved

by defendant - Thus, property acquired in name of defendant can be treated as joint family property available for partition among coparceners - Considering fact that daughter is entitled to claim equal share in coparcenary property, plaintiffs are only entitled to 2/3 of 1/3 share.

 (Para 41) 

(C) Hindu Law - Partition - Coparcenary property or absolute property - Defendants got suit property at wish of their grandfather and father - Since defendants did not get suit property by birth but on death of their grandfather by transfer which is in nature of gift or settlement

in favour of grandsons who are also members of coparcenary - Thus, suit property cannot be treated as coparcenary property - Held, suit property was separate property of defendants - Plaintiff not entitled to partition. (Para 25) 

(D) Hindu Law - Partition - Coparcenary property or absolute property - Suit property was allotted to father of parties who takes property not only for himself but also his male descendants

up to three degrees - Thus, sons, grandsons and great grandsons of father of parties become coparceners along with him and they got their right by birth without any obstruction - Plaintiff

entitled to seek partition. (Paras 24 , 26 , 29)